What is Burglary?
Burglary is when a person either enters or remains in a building without permission and with the intention of committing a theft.
What Types of Buildings are Included:
Illinois law defines a building as a traditional building, such as a home or office. Furthermore, this can include trailers, watercraft, aircraft, and automobiles.
How Serious is Burglary?
Burglary at a Store?
If a person remains within a store to steal after they close then this charge is applicable. But, if a person enters the store lawfully and does not exceed the physical scope of his or her authority (by, say, sneaking into the stock room), then shoplifting is the more appropriate charge.
How to have a Burglary Charge Reduced?
To win or have criminal charges reduced, you must have the right attorney. Ain almost all cases, I file a Motion to Quash the Arrest. This motion allows me to obtain the police officer’s testimony and other witness testimony before trial. After filing this motion, the court will continue the case for a hearing on the motion. The continuance is usually for one month. When I return to court to have the hearing on my motion, the State’s Attorney will typically make an offer to either reduce the charge or agree to probation.
If the State’s Attorney does not offer to reduce the charge or agree to probation, I have the choice to either go ahead with my motion or continue my motion for another court date. In most cases, the true value of a Motion to Quash is when the motion is pending, and the State knows it has the opportunity to lose the case.